"Justice on Trial" Episode #1.8

1 00:00:11,846 --> 00:00:14,724 So, Charles Darwin, when he visited the Galapagos Islands, 2 00:00:14,807 --> 00:00:16,726 noticed in that isolated environment 3 00:00:16,809 --> 00:00:19,395 that the same species he had observed elsewhere, 4 00:00:19,478 --> 00:00:22,481 had in fact, evolved with different traits. 5 00:00:22,565 --> 00:00:25,526 Like a turtle with a longer neck 6 00:00:25,609 --> 00:00:27,737 was able to reach the higher Galapagos leaves, 7 00:00:27,820 --> 00:00:31,031 as opposed to the short necks the same species had elsewhere. 8 00:00:31,115 --> 00:00:32,575 Yes? 9 00:00:32,658 --> 00:00:37,288 Is this that theory of evolution thing they were talking about in the news? 10 00:00:37,371 --> 00:00:39,957 Yes, that's right. And it goes even further. 11 00:00:40,040 --> 00:00:43,169 The theory hypothesizes that a whole species could, 12 00:00:43,252 --> 00:00:45,963 in fact, evolve into other species. 13 00:00:46,046 --> 00:00:51,260 Like for instance, man could have even evolved from the ape. 14 00:00:53,387 --> 00:00:54,889 Yes, Michael? 15 00:00:54,972 --> 00:00:59,560 Okay. The Bible says that God created all the earth, right? 16 00:00:59,643 --> 00:01:02,688 And man arose from the earth itself. 17 00:01:02,772 --> 00:01:05,191 Well, this is Biology class, Michael. 18 00:01:05,274 --> 00:01:08,819 I'm here to show you that science comes up with new ideas all the time. 19 00:01:10,029 --> 00:01:11,238 John Scopes? 20 00:01:11,322 --> 00:01:12,990 What's the meaning of this? 21 00:01:13,073 --> 00:01:17,286 I'm sorry, John. You're under arrest for violation of the Butler Act. 22 00:01:17,369 --> 00:01:18,579 The Butler Act? 23 00:01:18,662 --> 00:01:20,080 We've been over this, John. 24 00:01:20,164 --> 00:01:23,793 It's illegal to deny the teachings of Genesis in a public classroom. 25 00:01:23,876 --> 00:01:25,377 I'm not denying anything. 26 00:01:25,461 --> 00:01:27,379 I'm just trying to open their minds. 27 00:01:28,714 --> 00:01:30,090 I'm Judy Sheindlin. 28 00:01:30,674 --> 00:01:32,384 Before I was a judge on TV, 29 00:01:32,468 --> 00:01:35,471 I was a judge in New York City for 15 years, 30 00:01:35,554 --> 00:01:37,932 and a lawyer for 17 years before that. 31 00:01:38,015 --> 00:01:40,518 While serving on both sides of the bench, 32 00:01:40,601 --> 00:01:43,437 I learned that justice doesn't always end up feeling... 33 00:01:43,521 --> 00:01:44,604 just. 34 00:01:44,688 --> 00:01:49,360 Sometimes, the impact of one decision by a police officer, a lawyer, 35 00:01:49,443 --> 00:01:52,696 or even a judge, can change the way justice is delivered. 36 00:01:53,864 --> 00:01:56,991 We're going to demonstrate this by taking landmark cases 37 00:01:57,076 --> 00:01:59,703 from actual crimes committed by real people, 38 00:01:59,787 --> 00:02:02,623 and we'll recreate them with our trial lawyers 39 00:02:02,706 --> 00:02:04,708 and yours truly as the trial judge. 40 00:02:04,792 --> 00:02:07,670 While we're not going to recreate the trials verbatim, 41 00:02:07,753 --> 00:02:10,714 all the court's ultimate decisions are accurate. 42 00:02:10,798 --> 00:02:14,343 It will be up to you to decide whether the case was fair 43 00:02:14,426 --> 00:02:16,387 and the outcome just. 44 00:02:16,470 --> 00:02:21,141 Real cases, actual lawyers, surprising verdicts. 45 00:02:23,561 --> 00:02:25,312 Justice on Trial. 46 00:02:28,232 --> 00:02:31,944 This episode of Justice on Trial is going to retry 47 00:02:32,027 --> 00:02:35,447 one of the most famous cases in the history of America, 48 00:02:35,531 --> 00:02:39,118 The State of Tennessee v. John Scopes, 49 00:02:39,201 --> 00:02:41,954 better known as the Scopes Monkey Trial. 50 00:02:42,037 --> 00:02:46,375 You might ask why are we looking at a trial from 1925 51 00:02:46,458 --> 00:02:50,838 about a teacher's attempt to teach Darwin's theory of evolution of man 52 00:02:50,921 --> 00:02:53,549 in a small Tennessee town. 53 00:02:53,632 --> 00:02:58,762 You'll see that the issues presented are still a hot button today. 54 00:02:58,846 --> 00:03:03,309 Can or should states define what can and cannot 55 00:03:03,392 --> 00:03:05,144 be taught in our public schools? 56 00:03:05,227 --> 00:03:09,231 The Scopes trial was one of the first to explore that concept. 57 00:03:09,315 --> 00:03:12,234 Yet, the law is still unresolved. 58 00:03:14,153 --> 00:03:17,573 Members of the jury, the Defendant in this case, 59 00:03:17,656 --> 00:03:22,912 John Scopes, is charged with violation of this State's Butler Act, 60 00:03:22,995 --> 00:03:27,249 which makes it a crime to teach any theory that denies the story 61 00:03:27,333 --> 00:03:31,211 of the divine creation as it's taught in the Bible, 62 00:03:31,295 --> 00:03:36,425 and to teach instead that man was descended from a lower order of animal. 63 00:03:36,508 --> 00:03:39,929 The prosecutor must prove beyond a reasonable doubt 64 00:03:40,012 --> 00:03:44,475 that the Defendant violated that act and therefore is guilty of a crime. 65 00:03:44,558 --> 00:03:46,393 Counsel, note your appearance, please. 66 00:03:46,477 --> 00:03:48,978 Good afternoon, Your Honor. For the State of Tennessee, 67 00:03:49,063 --> 00:03:52,232 along with my esteemed co-counsel, Mr. William Jennings Bryan, 68 00:03:52,316 --> 00:03:54,026 I'm Dan Mentzer. 69 00:03:54,109 --> 00:03:57,112 Good afternoon, Your Honor. Larry Bakman on behalf of John Scopes, 70 00:03:57,196 --> 00:03:59,239 the Defendant in this case, who is present in court. 71 00:03:59,323 --> 00:04:01,867 Thank you. Counsel, you wish to make an opening statement? 72 00:04:01,951 --> 00:04:06,121 I do, Your Honor. This Defendant right here, Mr. John Scopes, 73 00:04:06,205 --> 00:04:09,792 was hired by the Rhea High School School District. 74 00:04:09,875 --> 00:04:13,003 This man just graduated from college from some school up north. 75 00:04:13,087 --> 00:04:17,841 Came down here to teach chemistry, and I believe also to teach football. 76 00:04:17,925 --> 00:04:21,553 But as soon as our biology teacher called in sick, 77 00:04:21,637 --> 00:04:24,890 this man jumped at the chance to come into our school 78 00:04:24,974 --> 00:04:29,019 and teach our children a theory of the origin of man 79 00:04:29,103 --> 00:04:31,021 that conflicted with the Bible. 80 00:04:31,105 --> 00:04:35,025 Well, thank God, in this state, as the judge has already told you, 81 00:04:35,109 --> 00:04:36,527 that is a crime. 82 00:04:36,610 --> 00:04:39,154 Because in this state, the state of Tennessee, 83 00:04:39,238 --> 00:04:43,033 the only thing that may be taught as to the origin of man 84 00:04:43,117 --> 00:04:44,909 has to come from the Bible. 85 00:04:44,994 --> 00:04:50,624 In this very courtroom, what's gonna be on trial is more than just Mr. John Scopes. 86 00:04:50,707 --> 00:04:53,002 Our values are gonna be on trial. 87 00:04:53,085 --> 00:04:56,255 Our beliefs are gonna be on trial. 88 00:04:56,338 --> 00:05:00,718 Our very way of life is on trial in this courtroom. 89 00:05:00,801 --> 00:05:04,346 And you are called upon to save it. 90 00:05:08,142 --> 00:05:09,727 Thank you, Mr. Mentzer. Mr. Bakman? 91 00:05:09,810 --> 00:05:13,397 Thank you, Your Honor. I agree with almost everything 92 00:05:13,480 --> 00:05:15,733 Mr. Mentzer had to say. 93 00:05:15,816 --> 00:05:19,653 This case is larger than John Scopes. 94 00:05:19,737 --> 00:05:22,573 This case is larger than the Butler Act. 95 00:05:22,656 --> 00:05:28,620 This case is a case that will decide whether or not the people in this state 96 00:05:28,704 --> 00:05:33,459 are going to confine the minds of their children 97 00:05:33,542 --> 00:05:39,214 to thinking only in terms of one literal interpretation 98 00:05:39,298 --> 00:05:41,341 of the Book of Genesis, 99 00:05:41,425 --> 00:05:45,679 as opposed to any other theory as to evolution. 100 00:05:45,763 --> 00:05:49,141 Do you want government to dictate 101 00:05:49,224 --> 00:05:52,394 what you kids can learn in the classroom? 102 00:05:52,478 --> 00:05:57,066 Be it race, be it gender, be it history. 103 00:05:57,149 --> 00:06:02,279 Because if you subscribe to what Mentzer is selling, 104 00:06:02,362 --> 00:06:05,282 that's exactly what you're going to do. 105 00:06:05,365 --> 00:06:09,495 You're going to keep your children small-minded. 106 00:06:10,579 --> 00:06:13,749 Thank you, Counsel. Ready to proceed, Mr. Mentzer? 107 00:06:13,832 --> 00:06:14,958 I am, Your Honor. 108 00:06:15,042 --> 00:06:16,668 Would you call your first witness? 109 00:06:16,752 --> 00:06:18,921 The State calls Michael Morgan. 110 00:06:24,051 --> 00:06:25,970 -Swear the witness. -Raise your right hand, please. 111 00:06:26,053 --> 00:06:27,763 You swear to tell the truth in these matters? 112 00:06:27,846 --> 00:06:29,848 -I do. -Thank you. Have a seat. 113 00:06:30,516 --> 00:06:31,809 You may inquire. 114 00:06:31,892 --> 00:06:34,186 Thank you, Your Honor. Good morning, Michael. 115 00:06:34,269 --> 00:06:37,231 -Could you tell the jury how old you are? -I'm 15 years old. 116 00:06:37,314 --> 00:06:39,191 Michael, do you live in Dayton? 117 00:06:39,274 --> 00:06:40,818 I do. I was born and raised here. 118 00:06:40,901 --> 00:06:43,153 Where do you go to school currently, Michael? 119 00:06:43,237 --> 00:06:44,822 I attend Rhea High School. 120 00:06:44,905 --> 00:06:49,409 Now, did you take biology in high school this past school year, son? 121 00:06:49,493 --> 00:06:51,703 Yes. Every kid in my grade has to. 122 00:06:51,787 --> 00:06:55,457 Now, son, did you know Mr. Scopes before this school year? 123 00:06:55,541 --> 00:06:57,876 -No, sir. -Was he new to the school district? 124 00:06:57,960 --> 00:07:00,462 Yes. I had never seen him before this year. 125 00:07:00,546 --> 00:07:03,048 Now, Michael, are you a church goer? 126 00:07:03,132 --> 00:07:04,424 Yes, sir. Every Sunday. 127 00:07:04,508 --> 00:07:07,386 Have you been taught to respect the word of the Bible? 128 00:07:07,469 --> 00:07:09,847 -Yes, sir. -Does the Bible say anything 129 00:07:09,930 --> 00:07:12,432 about man evolving from monkeys? 130 00:07:12,516 --> 00:07:14,935 No, it says that God created man. 131 00:07:15,018 --> 00:07:18,897 That is the origin of man that you've been taught your whole life, is it not? 132 00:07:18,981 --> 00:07:21,900 -Yes. -Now, when Mr. Scopes here, 133 00:07:21,984 --> 00:07:25,237 as a substitute teacher, came into your class 134 00:07:25,320 --> 00:07:27,865 and told you that man evolved from monkeys, 135 00:07:27,948 --> 00:07:32,369 did he tell you that was just one theory as to the origin of man, 136 00:07:32,452 --> 00:07:34,663 or did he say it was a fact? 137 00:07:34,746 --> 00:07:36,165 He said it was a fact. 138 00:07:36,248 --> 00:07:38,332 Thank you for coming in today, Michael. 139 00:07:38,417 --> 00:07:40,711 -You may inquire, Mr. Bakman. -Thank you, Your Honor. 140 00:07:40,794 --> 00:07:45,924 So, Michael, when Mr. Scopes was teaching you about evolution, 141 00:07:46,008 --> 00:07:50,012 he was teaching you from a state-approved textbook. 142 00:07:50,095 --> 00:07:54,474 And that state-approved textbook did not suggest to you 143 00:07:54,558 --> 00:07:57,811 that the only theory of the origin of man 144 00:07:57,895 --> 00:07:59,688 came from the Bible, did it? 145 00:07:59,771 --> 00:08:00,981 -Objection. -Overruled. 146 00:08:01,064 --> 00:08:02,691 He taught from the biology book, 147 00:08:02,774 --> 00:08:06,278 but he also read to us from The Origin of Species by Charles Darwin. 148 00:08:06,361 --> 00:08:10,157 In teaching you about evolution, 149 00:08:10,240 --> 00:08:12,993 do you believe that Mr. Scopes hurt you in any way? 150 00:08:13,076 --> 00:08:14,203 No, I do not. 151 00:08:14,286 --> 00:08:16,330 Do you believe he opened your mind and made you think? 152 00:08:16,413 --> 00:08:17,539 Yes. 153 00:08:17,623 --> 00:08:19,207 No further questions. 154 00:08:19,291 --> 00:08:24,546 Michael, do you remember exactly what Mr. Scopes told you 155 00:08:24,630 --> 00:08:28,342 about how our beings today came about? 156 00:08:28,425 --> 00:08:31,178 He told us that there were single-cell organisms 157 00:08:31,261 --> 00:08:36,725 that grew into animals that looked like monkeys and became us humans. 158 00:08:36,808 --> 00:08:40,604 And years and years later, is that what he told you? 159 00:08:40,687 --> 00:08:44,858 We are what we are today because we were originally what? 160 00:08:44,942 --> 00:08:46,485 Monkeys. 161 00:08:49,863 --> 00:08:51,240 Anything else? 162 00:08:51,323 --> 00:08:53,033 -No, Your Honor. -No, Your Honor. 163 00:08:53,116 --> 00:08:55,494 Witness is excused. Thank you, Michael. 164 00:08:58,997 --> 00:09:00,332 Next witness, Mr. Mentzer. 165 00:09:00,415 --> 00:09:01,625 The State rests. 166 00:09:01,708 --> 00:09:04,336 At this time, Your Honor, I would move to dismiss the State's case. 167 00:09:04,419 --> 00:09:05,587 Denied. 168 00:09:05,671 --> 00:09:07,547 Well, I would call John Scopes. 169 00:09:12,261 --> 00:09:13,804 Raise your right hand, please. 170 00:09:13,887 --> 00:09:15,889 You swear to tell the truth in these matters today? 171 00:09:15,973 --> 00:09:17,849 -I do. -Thank you. Have a seat. 172 00:09:17,933 --> 00:09:19,559 You may inquire, sir. 173 00:09:19,643 --> 00:09:21,853 Mr. Scopes, you are a teacher 174 00:09:21,937 --> 00:09:25,524 for the Dayton, Tennessee school district, are you? 175 00:09:25,607 --> 00:09:29,361 Yes, that's correct. I was hired to teach math, chemistry and physics, 176 00:09:29,444 --> 00:09:30,821 and I coach a little football. 177 00:09:30,904 --> 00:09:34,032 And where did you get your teaching degree from? 178 00:09:34,116 --> 00:09:36,034 I graduated from the University of Kentucky 179 00:09:36,118 --> 00:09:38,745 with a degree in law and a minor in geology, sir. 180 00:09:38,829 --> 00:09:41,999 And at the time you were teaching biology, 181 00:09:42,082 --> 00:09:46,336 did you teach from Charles Darwin's book, The Origin of the Species? 182 00:09:46,420 --> 00:09:47,671 Yes, I did. 183 00:09:47,754 --> 00:09:51,675 And what does Charles Darwin's book state 184 00:09:51,758 --> 00:09:54,886 with respect to the creation of man? 185 00:09:54,970 --> 00:09:59,099 He states that us, as men, descended from a lower life form, 186 00:09:59,182 --> 00:10:00,183 even monkeys. 187 00:10:00,267 --> 00:10:04,521 And would you say, sir, that that's consistent or inconsistent 188 00:10:04,604 --> 00:10:08,442 with the teaching of the Bible as to the creation of man? 189 00:10:08,525 --> 00:10:09,901 Well, it's very much inconsistent. 190 00:10:09,985 --> 00:10:12,738 The Bible tells us that God, and God alone, created man. 191 00:10:12,821 --> 00:10:16,908 And you were aware at the time that you were teaching these students 192 00:10:16,992 --> 00:10:20,037 at the high school about the creation of man, 193 00:10:20,120 --> 00:10:24,207 specifically from Darwin's book, that was a violation of the Butler Act. 194 00:10:24,291 --> 00:10:25,334 Is that right? 195 00:10:25,417 --> 00:10:28,670 Yes, I was aware that teaching the theory of evolution was illegal, 196 00:10:28,754 --> 00:10:30,255 but I thought it was hypocritical 197 00:10:30,339 --> 00:10:32,674 that the State of Tennessee also requires us teachers... 198 00:10:32,758 --> 00:10:34,343 Objection to what his feelings are. 199 00:10:34,426 --> 00:10:36,178 Overruled. I'd like to hear it. 200 00:10:36,261 --> 00:10:39,222 Well, Your Honor, it's hypocritical that the State of Tennessee 201 00:10:39,306 --> 00:10:42,392 requires us teachers to teach from George Hunter's A Civic Biology, 202 00:10:42,476 --> 00:10:44,061 which endorses biology. 203 00:10:44,144 --> 00:10:48,565 And I thought it was odd that in a country where we have freedom of speech 204 00:10:48,648 --> 00:10:52,361 that I could only teach biblical interpretations as to the order of man. 205 00:10:52,444 --> 00:10:56,865 But Mr. Scopes, tell me, if you knew it was going to violate the law, 206 00:10:56,948 --> 00:11:00,994 and you knew you were possibly going to be criminally prosecuted 207 00:11:01,078 --> 00:11:04,706 for teaching Darwin's theory, why did you do it? 208 00:11:04,790 --> 00:11:09,544 Because my job as a teacher is to open the minds of these students 209 00:11:09,628 --> 00:11:12,506 and allow them to think freely and not pigeonhole them 210 00:11:12,589 --> 00:11:15,050 into one ideation of the idea of man's creation. 211 00:11:15,133 --> 00:11:16,885 Let me ask you this. Do you believe in the Bible? 212 00:11:16,968 --> 00:11:19,721 Absolutely not. It's a great story, but it's pure fiction. 213 00:11:19,805 --> 00:11:24,309 Do you believe you should be criminally prosecuted 214 00:11:24,393 --> 00:11:29,523 because your teachings differ from what's stated in the Bible 215 00:11:29,606 --> 00:11:31,983 as to how mankind was created? 216 00:11:32,067 --> 00:11:33,735 -Objection. -Sustained. 217 00:11:34,653 --> 00:11:37,572 I don't care what he thinks, the law is the law. 218 00:11:37,656 --> 00:11:43,036 Do you believe that the legislature should control how teachers teach students? 219 00:11:43,120 --> 00:11:44,121 Objection. 220 00:11:44,204 --> 00:11:45,664 Same objection, same ruling. 221 00:11:45,747 --> 00:11:49,543 When the witness becomes a legislator, he can change the law. 222 00:11:49,626 --> 00:11:53,755 Well, I think this is a very slippery slope, Your Honor, 223 00:11:53,839 --> 00:11:57,050 and I would ask that the court indulge these questions. 224 00:11:57,134 --> 00:12:00,262 Judge, I would ask that the Defense Attorney save these arguments 225 00:12:00,345 --> 00:12:02,889 for the jury on summation where they're more appropriate. 226 00:12:02,973 --> 00:12:04,724 I agree with you, Mr. Mentzer. 227 00:12:04,808 --> 00:12:07,686 -I have nothing further then. -Mr. Mentzer, you may inquire. 228 00:12:07,769 --> 00:12:09,354 Thank you, Your Honor. Now, Mr. Scopes, 229 00:12:09,438 --> 00:12:11,189 you're not from around these parts, are you? 230 00:12:11,273 --> 00:12:13,483 No, I am new to the district of Dayton. 231 00:12:13,567 --> 00:12:16,361 I believe you said you came from the University of Kentucky? 232 00:12:16,445 --> 00:12:18,363 Yes, correct. I grew up in Kentucky, 233 00:12:18,447 --> 00:12:21,324 went to the University of Illinois, then transferred to Kentucky. 234 00:12:21,408 --> 00:12:23,869 -And this is your first year in our town? -Yes, it is. 235 00:12:23,952 --> 00:12:27,998 Mr. Scopes, I'd ask you to look out amongst this crowd right here you see. 236 00:12:28,081 --> 00:12:29,958 -Mm-hmm. -These are God-fearing people 237 00:12:30,041 --> 00:12:32,669 -in this town, aren't they? -I understand that here, in Dayton, 238 00:12:32,752 --> 00:12:35,255 -God is very important. -Christians in this county, right? 239 00:12:35,338 --> 00:12:37,007 To the best of my knowledge, sir. 240 00:12:37,090 --> 00:12:41,178 On Sunday mornings, you don't see your students walking around the town, do you? 241 00:12:41,261 --> 00:12:43,346 No, I do not. They're usually in church, sir. 242 00:12:43,430 --> 00:12:45,140 You yourself, used to go to church, right? 243 00:12:45,223 --> 00:12:47,142 -Yes, that's correct. -When did you stop? 244 00:12:47,225 --> 00:12:48,643 I suppose, the 12th grade. 245 00:12:48,727 --> 00:12:49,895 And why did you stop? 246 00:12:49,978 --> 00:12:53,940 I stopped believing in organized religion and set my sights on the truth of science. 247 00:12:54,024 --> 00:12:55,400 So, you're an atheist. 248 00:12:55,484 --> 00:12:58,653 I don't see how my religious beliefs are valid here, sir. 249 00:12:58,737 --> 00:13:01,823 Well, you brought them as an issue in this case 250 00:13:01,907 --> 00:13:05,994 when you started teaching our children that the Bible was a pack of lies, sir. 251 00:13:06,077 --> 00:13:07,746 -Didn't you? -I'm a teacher, sir. 252 00:13:07,829 --> 00:13:11,374 There's no evidence that he taught them that the Bible was a pack of lies. 253 00:13:11,458 --> 00:13:14,419 You just told us you started working this year as a teacher 254 00:13:14,503 --> 00:13:17,506 of chemistry and football in our school. Correct? 255 00:13:17,589 --> 00:13:18,590 Yes. 256 00:13:18,673 --> 00:13:23,345 And it was your plan to only spend here one year, then blow on out of town, right? 257 00:13:23,428 --> 00:13:26,139 -Yes, to continue my studies. -And then, you found out 258 00:13:26,223 --> 00:13:31,102 about this Butler Act, which prohibited the teaching of evolution as you knew it 259 00:13:31,186 --> 00:13:32,729 -in our school, right? -Yes. 260 00:13:32,812 --> 00:13:35,440 Can you indulge me for a moment, Counselor? 261 00:13:36,399 --> 00:13:39,694 You were aware, according to Mr. Mentzer's question and your response, 262 00:13:39,778 --> 00:13:42,906 that you were aware that the State passed the Butler Act. 263 00:13:42,989 --> 00:13:44,741 -Yes. -Would you tell me 264 00:13:44,824 --> 00:13:48,203 what your understanding of the Butler Act is? 265 00:13:48,286 --> 00:13:50,539 Well, my understanding, absurd as it is, 266 00:13:50,622 --> 00:13:54,417 is that it is illegal to teach the theory of evolution 267 00:13:54,501 --> 00:13:58,964 outside of George Hunter's A Civic Biology in the Tennessee school systems. 268 00:13:59,047 --> 00:14:02,551 And then, you found out there was a need for a substitute teacher 269 00:14:02,634 --> 00:14:06,429 in the biology class because Mr. Jones didn't come to school one day. 270 00:14:06,513 --> 00:14:08,640 -Is that right? -I volunteered to be there. 271 00:14:08,723 --> 00:14:11,893 You raised your hand knowing that you were gonna go in 272 00:14:11,977 --> 00:14:16,106 and teach them something that violated the Butler Act, right? 273 00:14:16,189 --> 00:14:17,857 I suppose so. 274 00:14:17,941 --> 00:14:20,569 Sir, it was your intention to break the law 275 00:14:20,652 --> 00:14:23,905 when you raised your hand and agreed to come in and teach biology. 276 00:14:23,989 --> 00:14:26,950 My intention was to open the minds of my students... 277 00:14:27,033 --> 00:14:29,619 Sir, it was your intention to break the law, was it not? 278 00:14:29,703 --> 00:14:32,789 Objection, argumentative. I ask that counsel step back. 279 00:14:32,872 --> 00:14:35,667 Step back. Yeah, step back, Mr. Mentzer. 280 00:14:38,253 --> 00:14:41,506 Rephrase that question, please, in an appropriate tone, sir. 281 00:14:41,590 --> 00:14:45,051 Judge, I think the question was phrased in the appropriate tone. 282 00:14:45,135 --> 00:14:50,056 It was your intention to break the law, wasn't it, Mr. Scopes? 283 00:14:50,140 --> 00:14:52,350 Yes, it was my intention to break this absurd law. 284 00:14:52,434 --> 00:14:58,148 Now, this theory of evolution was that man was not created in His image, 285 00:14:58,231 --> 00:15:00,650 but rather, that he evolved from monkeys. 286 00:15:00,734 --> 00:15:02,444 -Do I have that right? -Yes. 287 00:15:02,527 --> 00:15:06,573 Now, did you explain to the children when you taught them this theory 288 00:15:06,656 --> 00:15:10,869 that it was just one theory as to the origin of mankind, 289 00:15:10,952 --> 00:15:13,955 or did you tell them that it was the fact? 290 00:15:14,039 --> 00:15:16,625 It is scientifically accepted as a fact, sir. 291 00:15:16,708 --> 00:15:20,879 So, in your mind, the theory of evolution is really the fact of evolution, right? 292 00:15:20,962 --> 00:15:22,088 You could say that. 293 00:15:22,172 --> 00:15:24,132 Now, in the Book of Genesis, 294 00:15:24,215 --> 00:15:28,720 which explains how God says man got here, 295 00:15:28,803 --> 00:15:33,308 created in his own image is, as you say, pure fiction? 296 00:15:33,391 --> 00:15:35,977 Yes. It's a fantastic story, but it's pure fiction. 297 00:15:36,061 --> 00:15:40,607 Now, before you came into class and told these children 298 00:15:40,690 --> 00:15:44,819 that the Bible was pure fiction, did you speak with their parents 299 00:15:44,903 --> 00:15:47,906 to let them know exactly what you were going to do? 300 00:15:47,989 --> 00:15:50,200 I wasn't aware it was my job to run my lessons 301 00:15:50,283 --> 00:15:52,410 by the parents of the students of this school, sir. 302 00:15:52,494 --> 00:15:58,165 Were you at all concerned that by saying that the Bible lied about how we got here, 303 00:15:58,249 --> 00:15:59,959 that you were calling into question 304 00:16:00,043 --> 00:16:02,962 the entire framework of their moral beings? 305 00:16:03,046 --> 00:16:05,256 My job is to teach the truth, sir. 306 00:16:05,340 --> 00:16:09,511 So, that is a yes, you did know that you were questioning 307 00:16:09,594 --> 00:16:12,097 their entire moral framework, did you not, 308 00:16:12,180 --> 00:16:14,641 when you taught them the theory of evolution? 309 00:16:14,724 --> 00:16:16,851 -My job is to teach the truth. -Is that a yes? 310 00:16:17,811 --> 00:16:19,729 Answer the question, Mr. Scopes. 311 00:16:19,813 --> 00:16:23,525 Did you know that you were challenging their entire moral framework 312 00:16:23,608 --> 00:16:26,069 when you taught them the theory of evolution? 313 00:16:31,116 --> 00:16:32,575 Yes. 314 00:16:32,659 --> 00:16:35,328 Were you at all concerned, Mr. Scopes, 315 00:16:35,412 --> 00:16:40,250 that by teaching the children of this town that the Bible was a pack of lies, 316 00:16:40,333 --> 00:16:42,711 that you were questioning their way of life? 317 00:16:42,794 --> 00:16:45,004 I think these students can think for themselves, 318 00:16:45,088 --> 00:16:47,298 and I think opening their minds to the truth of science 319 00:16:47,382 --> 00:16:50,468 -is what my responsibility... -Were you at all concerned, Mr. Scopes... 320 00:16:50,552 --> 00:16:51,678 Step back, sir. 321 00:16:52,971 --> 00:16:54,347 No, I was not concerned. 322 00:16:54,431 --> 00:16:55,515 Thank you. 323 00:16:56,307 --> 00:16:58,143 -Any redirect? -Yes. 324 00:16:58,226 --> 00:17:01,896 Let me see if I understand this correctly, Mr. Scopes. 325 00:17:01,980 --> 00:17:05,483 You've just been attacked by the prosecution... 326 00:17:05,567 --> 00:17:07,402 Can we get to a question, please, sir? 327 00:17:07,484 --> 00:17:12,656 Yes. Is it somewhat hypocritical to be accused 328 00:17:12,741 --> 00:17:17,494 of teaching the evolution of man different from the Bible 329 00:17:17,579 --> 00:17:23,292 when the State's required textbook entitled A Civic Biology, 330 00:17:23,376 --> 00:17:28,131 written by William Hunter, and that book includes the theory of evolution? 331 00:17:28,214 --> 00:17:30,258 -Yes. -Separate and apart 332 00:17:30,341 --> 00:17:32,594 -from what the Bible says. -Yes. 333 00:17:32,677 --> 00:17:36,306 So, every teacher who teaches from that book 334 00:17:36,389 --> 00:17:39,184 violates Tennessee law, the Butler Act. 335 00:17:39,267 --> 00:17:40,643 -Objection, argumentative. -Right? 336 00:17:40,727 --> 00:17:44,439 Sustained. Don't answer the question. He understands the law. 337 00:17:44,522 --> 00:17:47,859 He understands that by teaching evolution from a book 338 00:17:47,942 --> 00:17:53,031 that's authorized by the State, that he's breaking the law. 339 00:17:53,114 --> 00:17:58,036 As is every other teacher in the state of Tennessee, yes? 340 00:17:58,119 --> 00:18:00,413 Who teaches from the required book. 341 00:18:00,497 --> 00:18:02,749 -Correct, Your Honor. -Yes. 342 00:18:02,832 --> 00:18:05,001 -Okay. Anything else? -No, nothing further. 343 00:18:05,084 --> 00:18:07,837 Very good. Witness is excused. Thank you very much, sir. 344 00:18:07,921 --> 00:18:09,255 Thank you, Your Honor. 345 00:18:09,881 --> 00:18:11,841 Before we get back to the trial, 346 00:18:11,925 --> 00:18:14,761 I want to tell you something a little unusual. 347 00:18:14,844 --> 00:18:19,015 You may be wondering who's the man sitting with the prosecutor's lawyer. 348 00:18:19,098 --> 00:18:23,102 He's actually a key historic figure from this trial 349 00:18:23,186 --> 00:18:25,021 whose name was William Jennings Bryan, 350 00:18:25,104 --> 00:18:28,233 a former Congressman and Secretary of State. 351 00:18:28,316 --> 00:18:32,445 He ran for president three times. And he was on the prosecution's team 352 00:18:32,529 --> 00:18:35,824 as an expert on teachings of the Bible. 353 00:18:35,907 --> 00:18:40,286 In fact, William Jennings Bryan delivered a famous speech 354 00:18:40,370 --> 00:18:42,372 in a church after the trial, 355 00:18:42,455 --> 00:18:46,251 which we will show you in pieces throughout the episode. 356 00:18:46,334 --> 00:18:49,170 You'll see how his position on evolution 357 00:18:49,254 --> 00:18:54,217 relates to the larger issues brought up in the trial. Here's the first piece. 358 00:18:55,301 --> 00:18:56,719 Good morning, everyone. 359 00:18:56,803 --> 00:19:01,975 I would like to begin in this blessed house with the word of God, 360 00:19:02,058 --> 00:19:07,981 who said in Genesis 1, verse 26, and I quote, 361 00:19:08,064 --> 00:19:12,652 "Let us make man in Our image, in Our likeness 362 00:19:12,735 --> 00:19:15,363 so that he may rule over the fish in the sea, 363 00:19:15,446 --> 00:19:17,365 over the birds in the sky, 364 00:19:17,448 --> 00:19:20,285 over the livestock and all the wild animals, 365 00:19:20,368 --> 00:19:24,038 "and over the creatures that move along the ground." 366 00:19:25,290 --> 00:19:28,626 How do I know these words are true, 367 00:19:28,710 --> 00:19:31,337 passed down through generations 368 00:19:31,421 --> 00:19:34,132 since the beginning of recorded time itself? 369 00:19:34,215 --> 00:19:35,466 Faith. 370 00:19:36,885 --> 00:19:41,014 And that's what this trial of Jonathan Scopes is all about. 371 00:19:42,307 --> 00:19:45,059 Faith in the absolute word of God, 372 00:19:46,269 --> 00:19:47,353 or faith... 373 00:19:49,314 --> 00:19:52,817 in the hypothesis of evolution? 374 00:19:54,235 --> 00:19:55,612 Next witness, Mr. Bakman. 375 00:19:55,695 --> 00:20:01,117 Your Honor, I call an expert in zoology, Mr. Maynard Metcalf. 376 00:20:06,456 --> 00:20:08,875 -You may inquire, Mr. Bakman. -Thank you, Your Honor. 377 00:20:08,958 --> 00:20:12,545 Mr. Metcalf, you've been called as an expert witness in this case? 378 00:20:12,629 --> 00:20:13,630 That's correct. 379 00:20:13,713 --> 00:20:17,342 And, sir, can you tell the jury about your expertise? 380 00:20:17,425 --> 00:20:20,261 I have a doctorate in zoology from Johns Hopkins University. 381 00:20:20,345 --> 00:20:23,306 And have you taught zoology, sir? 382 00:20:23,389 --> 00:20:24,807 I have for the past 30 years. 383 00:20:24,891 --> 00:20:29,854 And in teaching zoology, did you ever teach your students 384 00:20:29,938 --> 00:20:34,359 from the work entitled Origin of the Species by Charles Darwin? 385 00:20:34,442 --> 00:20:36,736 I have indeed. I have taught from that book. 386 00:20:36,819 --> 00:20:41,783 Well, given this theory of evolution, can you tell the jury, sir, 387 00:20:41,866 --> 00:20:46,496 based upon your scientific knowledge and your scientific teachings, 388 00:20:46,579 --> 00:20:48,164 what is the origin of man? 389 00:20:48,247 --> 00:20:53,252 Man has a tremendous probability of being evolved from other species. 390 00:20:53,336 --> 00:20:58,424 Fossil evidence shows that there are various forms of primitive man. 391 00:20:58,508 --> 00:21:02,053 And fossil evidence also shows that for other species in their history as well. 392 00:21:02,136 --> 00:21:07,016 And is evolution a generally accepted scientific theory? 393 00:21:07,100 --> 00:21:09,352 Yes, it is accepted by the scientific community. 394 00:21:09,435 --> 00:21:12,021 -I have no further questions. -You may inquire, sir. 395 00:21:12,105 --> 00:21:14,816 Thank you, Your Honor. Doctor, this theory of evolution 396 00:21:14,899 --> 00:21:18,569 that you're discussing here in court, it's relatively recent, is it not? 397 00:21:18,653 --> 00:21:19,654 That's correct. 398 00:21:19,737 --> 00:21:22,281 It was started by a book called Origin of Species 399 00:21:22,365 --> 00:21:25,576 that you mentioned on direct examination by a man named Charles Darwin. 400 00:21:25,660 --> 00:21:27,161 -Is that right? -That's right. 401 00:21:27,245 --> 00:21:30,331 And Mr. Darwin went to the Galapagos Islands 402 00:21:30,415 --> 00:21:34,293 and followed around some animal species for a period of time. Is that right? 403 00:21:34,377 --> 00:21:35,461 That is correct. 404 00:21:35,545 --> 00:21:39,424 And his theory that he developed calls into question 405 00:21:39,507 --> 00:21:42,719 the Holy Bible, that's been around for 2,000 years. 406 00:21:42,802 --> 00:21:43,845 Yes, it does. 407 00:21:43,928 --> 00:21:46,681 It doesn't just call into question the Holy Bible, 408 00:21:46,764 --> 00:21:51,519 it actually calls the Holy Bible a fiction, does it not? 409 00:21:51,602 --> 00:21:54,605 -It does. -All based on some man 410 00:21:54,689 --> 00:21:58,026 walking around the islands, following around some animals? 411 00:21:58,109 --> 00:22:01,279 No, based on scientifically accepted principles. 412 00:22:01,362 --> 00:22:05,491 Now, according to this theory, man evolved from a single cell. 413 00:22:05,575 --> 00:22:07,160 -Is that right? -That's correct. 414 00:22:07,243 --> 00:22:10,079 And then, if I'm understanding this correctly, 415 00:22:10,163 --> 00:22:12,081 and please tell me if I'm wrong, 416 00:22:12,165 --> 00:22:16,794 that the monkey evolved eventually to the people we are today? 417 00:22:16,878 --> 00:22:20,757 -Yes. -Now, Dr. Metcalf, there are no witnesses 418 00:22:20,840 --> 00:22:23,051 to this evolution that you're discussing, are there? 419 00:22:23,134 --> 00:22:25,678 Of course not. This happened over thousands of years. 420 00:22:25,762 --> 00:22:29,098 There are no pictures showing this evolutionary process 421 00:22:29,182 --> 00:22:32,435 -you're talking about, right? -I believe that there are no pictures. 422 00:22:32,518 --> 00:22:36,481 It is a theory based upon the scientific community's belief 423 00:22:36,564 --> 00:22:39,108 about this man Darwin following around animals. 424 00:22:39,192 --> 00:22:40,485 That is correct. It is based 425 00:22:40,568 --> 00:22:42,820 on the scientific community's acceptance of that theory. 426 00:22:42,904 --> 00:22:46,699 And the only physical evidence, as I understand it in your testimony, 427 00:22:46,783 --> 00:22:49,869 are some fossils that were found throughout the world. 428 00:22:49,952 --> 00:22:51,037 I believe so. 429 00:22:51,120 --> 00:22:53,831 And your theory is just that, a theory, right? A hypothesis. 430 00:22:53,915 --> 00:22:56,751 Yes, but one that is accepted by the scientific community. 431 00:22:56,834 --> 00:23:00,505 But like all theories, could be right, could be wrong, right? 432 00:23:00,588 --> 00:23:01,714 Yes. 433 00:23:02,215 --> 00:23:05,468 Trust me, my friends, evolution is a theory. 434 00:23:05,551 --> 00:23:09,555 It is millions of guesses strung together. 435 00:23:09,639 --> 00:23:12,475 It had not been proven in the time of Darwin, 436 00:23:12,558 --> 00:23:15,061 and it has not been proven up to today. 437 00:23:16,187 --> 00:23:18,147 There is no more reason to believe 438 00:23:18,231 --> 00:23:22,276 that man has descended from some inferior animal, 439 00:23:22,360 --> 00:23:25,988 than there is to believe that a stately mansion 440 00:23:26,072 --> 00:23:29,408 had descended from a small cottage. 441 00:23:29,492 --> 00:23:32,203 Resemblances are not proof. 442 00:23:33,246 --> 00:23:36,040 They are merely curiosity to the eye. 443 00:23:38,543 --> 00:23:39,752 Any other witnesses, sir? 444 00:23:39,836 --> 00:23:42,630 At this point in time, Your Honor, the Defense rests. 445 00:23:42,713 --> 00:23:44,215 -Mr. Mentzer? -Your Honor, 446 00:23:44,298 --> 00:23:47,677 in light of Your Honor accepting the testimony here 447 00:23:47,760 --> 00:23:50,263 presenting to the jury of the zoology expert, 448 00:23:50,346 --> 00:23:54,725 the defense, on rebuttal, calls Mr. William Jennings Bryan 449 00:23:54,809 --> 00:23:56,561 as an expert on the Bible. 450 00:23:56,644 --> 00:23:57,687 Mr. Bryan? 451 00:24:02,191 --> 00:24:03,818 You may inquire, sir. 452 00:24:03,901 --> 00:24:05,069 Thank you, Your Honor. 453 00:24:05,570 --> 00:24:07,947 -Good afternoon, Mr. Bryan. -Good afternoon, sir. 454 00:24:08,030 --> 00:24:11,701 In your long career of serving our nation, 455 00:24:11,784 --> 00:24:14,245 what causes have you supported, Mr. Bryan? 456 00:24:14,328 --> 00:24:17,415 Oh, I've long supported the rights for the common man. 457 00:24:17,498 --> 00:24:20,376 I've fought for the rights of farmers and other laborers. 458 00:24:20,459 --> 00:24:24,422 I've fought for and won the right for women to vote in our elections. 459 00:24:24,505 --> 00:24:27,925 Mr. Bryan, do you subscribe to a particular religion? 460 00:24:28,009 --> 00:24:32,513 Oh, yes. I am a longtime devout Christian. 461 00:24:32,597 --> 00:24:35,892 -Do you go to church regularly? -I go to church just about every day. 462 00:24:35,975 --> 00:24:38,603 Mr. Bryan, do you read the Bible? 463 00:24:38,686 --> 00:24:40,855 I've read the Bible several times. 464 00:24:40,938 --> 00:24:43,649 I read portions of the Bible almost daily. 465 00:24:43,733 --> 00:24:47,778 You might even say that I study the Bible. 466 00:24:47,862 --> 00:24:50,698 Your Honor, I offer Mr. William Jennings Bryan 467 00:24:50,781 --> 00:24:54,368 as an expert on the subject of the King James Bible. 468 00:24:54,452 --> 00:24:57,205 I have absolutely no objection to that. 469 00:24:57,288 --> 00:24:58,748 Witness is so qualified. 470 00:24:58,831 --> 00:25:03,836 Now, Mr. Bryan, have you studied Charles Darwin's theory of evolution? 471 00:25:03,920 --> 00:25:05,713 Yes, I most certainly have. 472 00:25:05,796 --> 00:25:09,217 Do you accept Charles Darwin's theory of evolution 473 00:25:09,300 --> 00:25:11,969 as the true explanation for the origin of man? 474 00:25:12,053 --> 00:25:17,391 No, I do not. You see, Darwin's theory preaches 475 00:25:17,475 --> 00:25:19,644 that man can only seek his highest potential 476 00:25:19,727 --> 00:25:23,397 through the laws of hate. And evolution is a merciless law 477 00:25:23,481 --> 00:25:27,151 where only the strong will crowd out the weak, and kill the weak. 478 00:25:27,235 --> 00:25:31,155 Mr. Bryan, what does the Bible say as to the origin of mankind? 479 00:25:31,239 --> 00:25:36,452 The Book of Genesis clearly states that man was created by God in His image. 480 00:25:36,535 --> 00:25:39,163 And do you take the Bible literally? 481 00:25:39,247 --> 00:25:42,625 Of course, I do. The Bible is the word of God, it is the gospel. 482 00:25:42,708 --> 00:25:46,003 And I believe that everything in the Bible should be accepted as given. 483 00:25:46,087 --> 00:25:48,798 Mr. Bryan, you're not from Tennessee, are you? 484 00:25:48,881 --> 00:25:51,050 -No, sir, I'm not. -Where are you from? 485 00:25:51,133 --> 00:25:52,343 Lincoln, Nebraska. 486 00:25:52,426 --> 00:25:56,555 Why did you come down here to Tennessee to be at this trial? 487 00:25:56,639 --> 00:25:59,600 Well, I came here to defend the Butler Act. 488 00:25:59,684 --> 00:26:03,271 I have been very active in getting laws such as this passed. 489 00:26:03,354 --> 00:26:05,439 Mr. Bryan, is it your hope 490 00:26:05,523 --> 00:26:08,859 that the theory of evolution never be taught in schools? 491 00:26:08,943 --> 00:26:10,569 Oh, dear Lord, no. 492 00:26:10,653 --> 00:26:14,699 I just feel that it should be taught as a hypothesis and not a fact. 493 00:26:14,782 --> 00:26:16,867 But you have outside agitators 494 00:26:16,951 --> 00:26:20,288 that want to throw away the Bible and preach evolution as fact. 495 00:26:20,371 --> 00:26:23,582 Is the Butler Act the only thing you're here to defend? 496 00:26:23,666 --> 00:26:26,711 I am here to defend the rights of parents 497 00:26:26,794 --> 00:26:31,007 to have some say in what our children are being taught in school. 498 00:26:31,090 --> 00:26:34,802 -I am here to defend Christianity itself. -And why is that? 499 00:26:34,885 --> 00:26:39,390 There are many atheist teachers coming into our schools 500 00:26:39,473 --> 00:26:44,061 and teaching that the Bible... That the Bible is an act of fiction. 501 00:26:45,229 --> 00:26:47,315 And I am here to stop them. 502 00:26:47,398 --> 00:26:50,776 Thank you, Mr. Bryan. I have no further questions. 503 00:26:50,860 --> 00:26:52,486 You may inquire, sir. 504 00:26:52,570 --> 00:26:58,284 So, Mr. Bryan, you're a man who's well-versed in the Bible. Is that correct? 505 00:26:58,367 --> 00:26:59,618 Most definitely. 506 00:26:59,702 --> 00:27:03,873 And you believe that the Bible should be interpreted literally. 507 00:27:03,956 --> 00:27:05,041 Absolutely. 508 00:27:05,124 --> 00:27:09,628 And so, Jonah was swallowed by a great big whale 509 00:27:09,712 --> 00:27:11,714 in the Bible. Is that right? 510 00:27:11,797 --> 00:27:14,508 It was a big fish, not a whale. That's my recollection. 511 00:27:14,592 --> 00:27:16,135 -My mistake. -A big fish. 512 00:27:16,218 --> 00:27:18,054 -My mistake. -And I believe it. 513 00:27:18,137 --> 00:27:21,140 And I believe in a God that can make a whale, 514 00:27:21,223 --> 00:27:24,518 that can make a man, that can make both as he pleases. 515 00:27:24,602 --> 00:27:27,229 -Let's talk about Adam and Eve. -Mm. 516 00:27:27,313 --> 00:27:32,360 Eve was created, according to the Bible, from Adam's rib. 517 00:27:32,443 --> 00:27:35,363 -Granted. -Where did Cain's wife come from? 518 00:27:35,446 --> 00:27:37,698 I cannot say because I wasn't there. 519 00:27:37,782 --> 00:27:42,578 Well, neither was I, but we're turning to you as the expert on the Bible, Mr. Bryan. 520 00:27:42,661 --> 00:27:44,580 And the Bible is also an expert. 521 00:27:44,663 --> 00:27:46,999 Documented by many people. 522 00:27:47,083 --> 00:27:52,254 I see. And so, let me focus on one of the questions 523 00:27:52,338 --> 00:27:56,759 your co-counsel asked you about parents being involved 524 00:27:56,842 --> 00:27:59,512 in what teachers teach their students. 525 00:27:59,595 --> 00:28:01,389 You think parents should have a say 526 00:28:01,472 --> 00:28:06,769 in every single area that a teacher teaches? 527 00:28:06,852 --> 00:28:09,313 When it comes to raising their minor children, 528 00:28:09,397 --> 00:28:11,315 I do believe that the parents 529 00:28:11,399 --> 00:28:14,819 should have a strong say so in what's being taught to their children. 530 00:28:14,902 --> 00:28:19,615 Now, whatever may be said about teaching evolution to adults, 531 00:28:19,698 --> 00:28:23,119 it is surely not proper to teach it to our children, 532 00:28:23,202 --> 00:28:26,956 who are not yet able to think and to distinguish 533 00:28:27,039 --> 00:28:31,877 from fact and what is that of mere speculation. 534 00:28:31,961 --> 00:28:35,172 And so, is it your position 535 00:28:35,256 --> 00:28:41,429 that we should only teach students what the Bible says 536 00:28:41,512 --> 00:28:43,139 and nothing else? 537 00:28:43,222 --> 00:28:46,559 I feel that the Bible is one of the most proven documents in history. 538 00:28:46,642 --> 00:28:49,520 It compares heavily with several people backing it up 539 00:28:49,603 --> 00:28:53,858 and writing in the scriptures as compared to one man's whimsical theories. 540 00:28:53,941 --> 00:28:58,779 And so, if a teaching by a teacher 541 00:28:58,863 --> 00:29:02,908 contradicts the Bible, it's your opinion that should not be taught? 542 00:29:02,992 --> 00:29:05,119 If it contradicts the Bible, yes. 543 00:29:05,202 --> 00:29:09,373 If a theory contradicts the Bible, 544 00:29:09,457 --> 00:29:14,295 we should censor that theory because the Bible is contradicted. 545 00:29:14,378 --> 00:29:16,797 If it contradicts the Bible, then yes. 546 00:29:16,881 --> 00:29:20,551 And you're not concerned about limiting 547 00:29:20,634 --> 00:29:24,221 the ability of students to think for themselves? 548 00:29:24,305 --> 00:29:28,350 If it would contradict the Bible, then yes. 549 00:29:28,434 --> 00:29:29,852 No further questions. 550 00:29:29,935 --> 00:29:31,937 If I may briefly on redirect? 551 00:29:32,021 --> 00:29:34,440 I would just like you to clarify your position 552 00:29:34,523 --> 00:29:38,152 as to the teaching of the theory of evolution, if you could, sir. 553 00:29:38,235 --> 00:29:42,198 I have no problem with the teaching students of the theory. 554 00:29:42,281 --> 00:29:44,033 No objection at all. 555 00:29:44,116 --> 00:29:47,912 What I have a problem with is the teachers teaching a theory as a fact, 556 00:29:47,995 --> 00:29:49,497 when it's actually a theory. 557 00:29:49,580 --> 00:29:51,916 A teacher can think as he pleases. 558 00:29:51,999 --> 00:29:57,338 This law places no obligations or restraints on him. 559 00:29:57,421 --> 00:30:01,967 It deals with the Defendant, not as an individual, 560 00:30:02,051 --> 00:30:07,223 but as an employee, an official. A public servant paid by the State. 561 00:30:08,265 --> 00:30:12,728 And therefore, under the instructions from the State. 562 00:30:12,811 --> 00:30:16,607 And the great state of Tennessee has not created a law 563 00:30:16,690 --> 00:30:19,860 to establish a religion or to teach it. 564 00:30:19,944 --> 00:30:23,405 It is merely trying to protect itself 565 00:30:23,489 --> 00:30:26,659 from the efforts of an insolent minority 566 00:30:26,742 --> 00:30:30,246 that seeks to teach our children ill religion 567 00:30:30,329 --> 00:30:33,374 under the guise of teaching science. 568 00:30:34,416 --> 00:30:36,294 Would you like to make a closing argument? 569 00:30:36,377 --> 00:30:37,920 I do, indeed, Your Honor. 570 00:30:39,171 --> 00:30:42,007 Ladies and gentlemen of this jury, 571 00:30:42,091 --> 00:30:46,470 my good friend William Jennings Bryan, he is dangerous. 572 00:30:46,554 --> 00:30:49,640 His conclusions in this case 573 00:30:49,723 --> 00:30:52,810 are an affront to free speech, 574 00:30:52,893 --> 00:30:57,481 free thought, and is tantamount to government censorship. 575 00:30:57,565 --> 00:31:01,777 Here's the problem. It is a slippery slope. 576 00:31:01,860 --> 00:31:04,446 And where do we draw the line? 577 00:31:04,530 --> 00:31:08,742 When we start needing parental consent 578 00:31:08,826 --> 00:31:12,079 for our teachers to teach alternative theories 579 00:31:12,162 --> 00:31:17,376 to open the minds of kids of today, to get them thinking for themselves. 580 00:31:17,459 --> 00:31:21,714 And the danger is, once we start having the government 581 00:31:21,797 --> 00:31:25,467 dictate what our teachers can teach, 582 00:31:25,551 --> 00:31:27,970 that's when we lose out on a free society. 583 00:31:28,053 --> 00:31:31,056 And that's the danger that this prosecution 584 00:31:31,140 --> 00:31:32,891 has brought into this courtroom. 585 00:31:32,975 --> 00:31:37,271 I urge you to reject the prosecution's case 586 00:31:37,354 --> 00:31:39,732 and acquit this young teacher, John Scopes. 587 00:31:39,815 --> 00:31:41,692 -Thank you. -Mr. Mentzer. 588 00:31:41,775 --> 00:31:43,527 Thank you, Your Honor. Ladies and gentlemen, 589 00:31:43,611 --> 00:31:47,906 it sounds as though Mr. Bakman here has a problem with the law. 590 00:31:47,990 --> 00:31:49,491 Well, let me just make this clear 591 00:31:49,575 --> 00:31:52,161 that we, the good people of the state of Tennessee, 592 00:31:52,244 --> 00:31:55,873 did not want to enact laws restricting teachers 593 00:31:55,956 --> 00:31:58,334 and telling them what they can and can't teach. 594 00:31:58,417 --> 00:32:03,922 But we kind of had to do that because you had outside agitators 595 00:32:04,006 --> 00:32:06,759 coming into our state to teach our kids 596 00:32:06,842 --> 00:32:10,304 that everything they've been learning in church was a lie. 597 00:32:10,387 --> 00:32:14,475 John Scopes jammed that theory of his 598 00:32:14,558 --> 00:32:18,771 down the throats of our children, as though it were an absolute fact. 599 00:32:18,854 --> 00:32:22,816 And that's the problem we have. And that's why we enact these laws, 600 00:32:22,900 --> 00:32:28,906 to prevent people like this to let their own agenda invade our children. 601 00:32:28,989 --> 00:32:33,077 And that's why we stood up and created this law. 602 00:32:33,160 --> 00:32:35,371 And that man right there is guilty of it. 603 00:32:35,454 --> 00:32:36,580 Thank you. 604 00:32:37,623 --> 00:32:42,378 Members of the jury, you have now heard all of the evidence in this case. 605 00:32:42,461 --> 00:32:46,048 It is your duty to render a verdict based upon that evidence. 606 00:32:46,131 --> 00:32:49,551 Did the Defendant violate the Butler Act 607 00:32:49,635 --> 00:32:52,721 by teaching the theory of evolution, or did he not? 608 00:32:52,805 --> 00:32:55,224 You may not consider whether you do 609 00:32:55,307 --> 00:32:58,310 or do not believe in the science of evolution. 610 00:32:58,394 --> 00:33:02,147 In that regard, this state's legislature has spoken. 611 00:33:02,231 --> 00:33:04,900 Unless and until that law is changed, 612 00:33:04,983 --> 00:33:08,696 it remains the law in the state of Tennessee. 613 00:33:08,779 --> 00:33:11,615 You may now retire and deliberate. 614 00:33:12,908 --> 00:33:14,284 Court's now in session. 615 00:33:14,368 --> 00:33:16,704 I will now read the jury's verdict. 616 00:33:17,287 --> 00:33:19,540 Would the Defendant rise, please? 617 00:33:19,623 --> 00:33:22,876 Mr. Scopes, the jury, after deliberation, 618 00:33:22,960 --> 00:33:25,921 has found you guilty of violating the Butler Act, 619 00:33:26,004 --> 00:33:29,133 and imposes a fine of $100. 620 00:33:29,216 --> 00:33:32,261 Thank you very much. This concludes the business of the court. 621 00:33:33,721 --> 00:33:39,017 So, John Scopes was found guilty of violating the Butler Act in Tennessee. 622 00:33:39,101 --> 00:33:42,813 The $100 fine was obviously not a big deal. 623 00:33:42,896 --> 00:33:46,483 The issue was challenging the State's rights to have a law 624 00:33:46,567 --> 00:33:50,571 that prohibited the teaching of a proven theory in public schools. 625 00:33:50,654 --> 00:33:56,076 The trial was such a nationwide spectacle that it achieved what Scopes wanted. 626 00:33:56,160 --> 00:33:58,787 State legislatures began passing laws 627 00:33:58,871 --> 00:34:02,416 protecting the teaching of evolution in schools. 628 00:34:02,499 --> 00:34:05,961 Even the State of Tennessee struck down the Butler Act. 629 00:34:06,044 --> 00:34:08,464 But it took 40 years. 630 00:34:08,547 --> 00:34:11,132 That was in 1967. 631 00:34:11,216 --> 00:34:15,637 A year later, in 1968, the United States Supreme Court 632 00:34:15,721 --> 00:34:20,266 finally got to rule on the same issue presented in the Scopes trial. 633 00:34:20,350 --> 00:34:24,646 But that was in another case, Epperson v. Arkansas, 634 00:34:24,730 --> 00:34:29,777 which asked, was it constitutional for a state 635 00:34:29,860 --> 00:34:34,739 to have a law prohibiting the teaching of evolution. 636 00:34:34,822 --> 00:34:37,117 We are using that case of Epperson 637 00:34:37,201 --> 00:34:42,206 to illustrate how the Supreme Court might have ruled in Scopes. 638 00:34:42,706 --> 00:34:46,835 Your Honor, this is case 108, State v. Scopes. 639 00:34:46,918 --> 00:34:48,045 Thank you, officer. 640 00:34:48,128 --> 00:34:49,880 Counsel, please, note your appearance. 641 00:34:49,963 --> 00:34:54,301 Good afternoon, Your Honors. Larry Bakman on behalf of the appellant, John Scopes. 642 00:34:54,384 --> 00:34:57,971 Good afternoon, Your Honors. Dan Mentzer on behalf of the State of Tennessee. 643 00:34:58,055 --> 00:35:00,808 Thank you, Counsel. May a state legislature 644 00:35:00,891 --> 00:35:04,728 consistent with the First Amendment, limit the teaching of certain subjects? 645 00:35:04,812 --> 00:35:09,399 Education, in many instances, is a matter left to the discretion of the States. 646 00:35:09,483 --> 00:35:12,402 But what if the State prevents a school or a teacher 647 00:35:12,486 --> 00:35:14,655 from instructing students as to certain matters? 648 00:35:14,738 --> 00:35:17,616 In this case, the prohibited subject was evolution, 649 00:35:17,699 --> 00:35:20,953 the notion that we humans descended from lesser organisms. 650 00:35:21,036 --> 00:35:24,414 The State of Tennessee banned the teaching of evolution in its schools, 651 00:35:24,498 --> 00:35:27,167 and Petitioner Scopes violated that ban. 652 00:35:27,251 --> 00:35:29,878 The question before this court is whether the law 653 00:35:29,962 --> 00:35:31,547 violates the Tennessee State, 654 00:35:31,630 --> 00:35:34,091 and the United States Federal Constitutions. 655 00:35:34,174 --> 00:35:37,594 We are not here asked to rule on the merits of science. 656 00:35:37,678 --> 00:35:39,096 We are asked to rule on the merits 657 00:35:39,179 --> 00:35:42,224 of whether or not a state can prohibit certain teachings. 658 00:35:42,307 --> 00:35:46,186 Ours is a very special relationship between states and the federal government, 659 00:35:46,270 --> 00:35:49,273 and this case tests the limits of that relationship. 660 00:35:49,356 --> 00:35:50,732 We'll now hear from counsel. 661 00:35:50,816 --> 00:35:53,193 Mr. Bakman, do you have an opening statement for the court? 662 00:35:53,277 --> 00:35:55,487 -I do, thank you, Your Honor. -Please. 663 00:35:55,571 --> 00:35:59,825 This is a case that goes directly to the heart 664 00:35:59,908 --> 00:36:01,660 of teaching our young people. 665 00:36:01,743 --> 00:36:07,124 And what this case exemplified was that John Scopes, my client, 666 00:36:07,207 --> 00:36:11,420 taught his high school students about the theory of evolution. 667 00:36:11,503 --> 00:36:15,299 It differed from community's dictate 668 00:36:15,382 --> 00:36:18,010 and from Tennessee's dictate, 669 00:36:18,093 --> 00:36:22,681 that only religion can be taught with respect to the origin of man. 670 00:36:22,764 --> 00:36:27,728 Anything that differed from that teaching was criminalized. 671 00:36:27,811 --> 00:36:29,646 That's unconstitutional. 672 00:36:29,730 --> 00:36:33,108 That's what makes this case so egregious. 673 00:36:33,191 --> 00:36:36,904 When we give the State of Tennessee, or any State, 674 00:36:36,987 --> 00:36:42,910 the power to dictate, to command what a teacher will teach, 675 00:36:42,993 --> 00:36:48,081 and make that teaching mandated, subject to criminal penalty. 676 00:36:48,165 --> 00:36:52,794 That violates the First Amendment. That violates freedom of speech. 677 00:36:52,878 --> 00:36:58,300 And what it does is it hinders the free thinking of our young. 678 00:36:58,383 --> 00:37:01,678 I urge this court to overturn this conviction. 679 00:37:01,762 --> 00:37:03,597 Thank you, Mr. Bakman. Mr. Mentzer? 680 00:37:03,680 --> 00:37:07,267 Thank you, Your Honor. It is not science that's on trial here today, 681 00:37:07,351 --> 00:37:09,478 and it's not religion that's on trial. 682 00:37:09,561 --> 00:37:13,815 What is on trial here today is a parent's right to know 683 00:37:13,899 --> 00:37:16,276 what their children are being taught at school. 684 00:37:16,360 --> 00:37:21,990 Do we, as parents, have to sit by as our children are taught mere theories 685 00:37:22,074 --> 00:37:24,576 by their teachers as though they were the gospel? 686 00:37:24,660 --> 00:37:28,330 Do we even have a say when our children are taught these theories 687 00:37:28,413 --> 00:37:32,042 which are in violation with our own basic values and beliefs? 688 00:37:32,125 --> 00:37:35,879 Now, the Butler Act was designed to stop teachers like that 689 00:37:35,963 --> 00:37:38,882 from doing what they were doing. Because when parents feel 690 00:37:38,966 --> 00:37:42,344 that they've lost the ability to raise their own children, 691 00:37:42,427 --> 00:37:46,264 when activist teachers are jamming their own political opinions 692 00:37:46,348 --> 00:37:48,475 down the minds of our children, 693 00:37:48,558 --> 00:37:51,603 that's when the need for laws like the Butler Act came. 694 00:37:51,687 --> 00:37:55,774 And that's why we ask the court to uphold the verdict in this case. 695 00:37:55,857 --> 00:37:57,401 -Thank you. -Thank you, Mr. Mentzer. 696 00:37:57,484 --> 00:37:59,778 We will now retire to deliberate. 697 00:38:04,157 --> 00:38:07,285 We have reached a unanimous verdict. 698 00:38:07,369 --> 00:38:11,873 Inherent in any education system is providing an environment 699 00:38:11,957 --> 00:38:16,336 that fosters free and independent thinking and conclusions. 700 00:38:16,420 --> 00:38:19,881 The alternative is indoctrination, not education. 701 00:38:19,965 --> 00:38:22,259 The First Amendment prohibits the government 702 00:38:22,342 --> 00:38:26,096 from favoring or endorsing one religion over another, 703 00:38:26,179 --> 00:38:29,057 or one religion over non-religion. 704 00:38:29,141 --> 00:38:32,185 The Free Exercise Clause protects citizens' rights 705 00:38:32,269 --> 00:38:35,689 to practice their religion as they please, provided that their practice 706 00:38:35,772 --> 00:38:39,109 does not compromise a compelling government interest. 707 00:38:39,192 --> 00:38:42,237 The Butler Act violates the First Amendment 708 00:38:42,320 --> 00:38:45,323 by crediting one religion over another, 709 00:38:45,407 --> 00:38:49,286 and unconstitutionally chills the expression and practice 710 00:38:49,369 --> 00:38:53,331 of other faiths with differing beliefs. For this reason, 711 00:38:53,415 --> 00:38:56,251 the conviction against Mr. Scopes is reversed, 712 00:38:56,334 --> 00:38:58,837 and the charges against him dismissed. 713 00:39:00,000 --> 00:39:06,074 Support us and become VIP member to remove all ads from www.OpenSubtitles.org 714 00:39:14,394 --> 00:39:16,897 The Scopes Monkey Trial was really never about 715 00:39:16,980 --> 00:39:20,192 whether Scopes was guilty of breaking a Tennessee law. 716 00:39:20,275 --> 00:39:22,778 It was about the extent of the government's role 717 00:39:22,861 --> 00:39:27,991 in the education of our children. That debate rages today. 718 00:39:28,075 --> 00:39:31,244 One thing we know for sure about justice, 719 00:39:31,328 --> 00:39:33,246 it always evolves. 719 00:39:34,305 --> 00:40:34,362